HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5E TRACT C AUSTRIA HAUS AKA SONNENALP SDD 35 2004 AMENDMENT LEGALGeneral Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit applicauon. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted unul all required information
is received by the Community Development Department. The poect may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee;
Application for Review by the
Planning and Environmental Commissio[ _. RECE IVE UDepartment of Community DE/elopment
75 South Frontage Road, Vail, Colondo 81657 l,lxi ^
tel: 970.479.2139 fax: 970.479.2452
web: www,ci.vail.co.us
tr RezoningD Major SuMivisiong Minor Subdivisiontr Exemption Plat?tr Minor Amendment to an SDD.tr New Special Development Districttr Major Amendment to an SDDE Tlciof Amendment to an SDD
gf h6 exterior modificdhons)
Description of the Request:
tr Conditional Use Permittr RoodplainModlficationtr Minor Exterior Alterationtr Major Exterior Alterationtr Development PlanE Amendment to a Develooment Plantr Zoning Code AmendmentE Variancetr Sign Varianceilsc
$1300
$1s00
$6s0
$5s0
$100r
$6000
$6000
$12s0
$6s0
$400
$650
$800
$1500
$2s0
$1300
$s@
$200
Physical Address:
For Office Use lnlylffii,*i#guPlanner: Prt
Location ofthe Proposal: Lot:_
Parcef No.: I +ot P8 A2' fogl (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicantl .I/ror^* 4"&cr
Mailing Address:
E-mail Address:
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TOWN OF VAIL, COLORADO Stat€,ment
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SCatement Number: R040005855 Amount: $1,000.00 05/24/200410:44 AM
Palment Method: Check Init: rTS
Notation:
#105 0415/SONNENATJP
Permit No: PEC04oo27 q4)e: PEc -Minor SDD Amendnent
Parcel No: 210108225001
Site Address: 242 E MEN)OW DR VAIIr
IJocation: 242 EAST MEADOW DRM
Tota1 Fees: $1, 000.00
This Palment: $1,000.00 Total AlL Pmts: $1,000.00
Balance: $0.00
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ACCOUNTITEM LIST:
Account Code Description Current Pmts
PV OO1OOOO31125OO PEC APPLICAT]ON FEES 1,000.00
Memorandun
To: Town of Vail
From: Sonnenalp Properties, lnc.
Date: May20,2004
Ref.: Application for Amendment of Ordinance NO. 12, Series of 1997, removing a condition of
approval that prohibits the operation ofrestaurants within the special development disrict (SDD
No. 35 Austria Haus).
Subject Property:
This application is made to permit the operation of a Starbucks Coffee Shop in the Austria Haus
Retail area, specifically in the retail space 242 East Meadow Drive - C-101. Since the opening in
1999, the subject retail space was operated as a bar ('Platz'l-Bar, Tongos-Bar) under a liquor
license and with required food service. The 2002 amendment was grant€d to permit breakfast
servic€ as part of the bar operations.
Rational for Amendment:
Sonnenalp Properties is seeking this amendment to allow proper legal basis for the operation ofa
Starbucks Coffee Shop in the subject space. While we believe that existing zoning would already
permit intended use (restriction is for restaurant use), the language in the ordinance is sufficiently
vague that clarification ofperrnitted uses will be a requirement to finalize necessary legal
documents between Starbucks and Sonnenalp. It would be appropriate and desirable at this time to
completely strike the deed restriction relative to restaurant use in the Austria Haus as history ofthe
past 5 ye€rs has shown litle impact on the neighborhood by a restaurantJike op€ration.
History of Austria Haus Retail Spaces:
The history of ordinance No 12 Series 1997 was based on neighborhood concem that a restaurant
operation may cause undesirable traffic caused by loading and delivery activity. The assumption
was that a restaurant would create significantly more loading and delivery than other uses. The
Austria Haus SDD did receive approval with two restaurantJike uses, t}re Austria Lobby Bar -
serving daily breakfast and aftemoon bar and food service -, and the Platz'l Bar - a noon to
midnight coclcail-apres-ski bar operation. Based on 2 years ofoperations and the realization that
loading and delivery issues relative to the originally approved uses did not materialize, approval
was given to extent service in the Platz'l location to include breakfast service. The proposed use of
retail space Cl01 (formerly Platz'l Bar) for a Starbucks operation is a very similar use to the uses
ofthis space over the past 5 yean. In fact, Starbucks not holding a liquor license will likely rcduce
loading/delivery issues compared to the previous bar/brealdast concepts.
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28,
2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for_a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally
(On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title
14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town
Code, to allow for the construction of an unpaved private parking lot, located at 923 South
Frontage Road WesUunplatted. (A complete metes and bounds legal description is available for
review at the Town of Vail Community Development Department).
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Matt Gennett
A recommendation to the Vail Town Council of a major amendment to a Special Development
District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow
for an amendment to the recorded conditions of approval prohibiting the operation of restaurants
within Special Development District No. 35, Austria Haus, located at242East Meadow
Drive/Part of Tract B, Block 58, Vail Village Filing 1, and sefting forth details in regard thereto.
Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler
Planner: George Ruther
A finaf review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses;
Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for
eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West
Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and
setting forth details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.
Planner: WarrenCampbell
A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off-
Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use
permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing
5, and setting forth details in regard thereto.
Applicant Vail Resorts
Planner: ElisabethEckel
A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High
Density Multiple Family, Vail Town Code, to allow for a public utility and public services use,
located at 501 North Frontage Road (Solar Vail Gondominiums)/ Lot 8, Block 2, Vail Potato
Patch Filing 1, and setting forth details in regard to.
Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting
Planner: Clare Sloan
A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town
Code, to allow for snowmaking system improvements within the Gore Creek floodplain locSted at
an unplatted parcel adjacent to the Eagle'River Water and Sanitation facilities, 646 West Foles!
noad, (a coniplete meies and bounds legal description is available for review at the Town of Vail
Community Development Department), and setting for details in regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, Inc.
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection during regular
office'hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend project orientatioh and the site visits that precede the public hearing.in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing lmpaired, for information.
Published June 11, 2004, in the Vail Daily.
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ORDINANCE NO.15
Series ot 2004
AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A
CONDITION OF APPROVALTHAT PROHIBITS THE OPERATION OF RESTAURANTS
WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD N0.35 Austria Haus), AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to
existing special development districts; and
WHEREAS, Johannes Faessler, as owner of the property, has submifted an application
for a major amendment to Special Development District No. 35; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this major amendment at its June 28,2004, meeting, and has
submitted its recommendation of approval to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the Approved Development Plan for Special Development District No. 35.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLOMDO, THAT:
Section l. Ordinance No. 12, Series of 1997, is hereby amended as follows:
(deletions are shown in stik€+hreugh/additions are shown in bold)
SECTION 5
J. Uses - The underlying zoning for Special Development District No. 35 shall be
Public Accommodation. The permitted, conditional and accessory uses shall be those listed in
Chapter 18.22of theMunicipal CodeoftheTownof Vail .with+ht'ex€eetienef restaH
feed serviee eperatie
SECTION 6
The developer, agrees with the following conditions, which are a part of the Town's approval
Ordinance No. 15, Sedes 2004
of the establishment of Special Development District No. 35:
't.That no rooftop or other exterior ventilation or exhausting equipment (hoods) be
installed on the building for the expressed purpose of ventilating the kitchen or
restaurant area of the easternmost retail tenant space (Unit D).
That any future proposal to expand the area of the restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
That all loading and delivery activity for the Austria Haus be conducted on the Austria
Haus propefi in the loading dock area provided on the west side of the proper$.
Loading and delivery for the Austria Haus shall not be conducted from the
designated loading and delivery spaces in front of the Mountain Haus.
The applicant, Johannes Faessler, or his authorized agent, shall cause the Town's
conditions of approval and the following written agreement to be recorded with the
Eagle County Clerk & Recorde/s office within 30 days of approval on second
reading.
"The Austia Haus ( herein "Propefty") may not be used for the operation
of a restaurant. The term'restaurant" as used herein means an eating
establishment which is full seruice, offeing one or more of a complete
breakfast menu, lunch menu or dinner menu and which prepares the food
offered at the Prcperty in an on-site kitchen. The term'restauranf as
used herein does not include a coffee shop, sandwich shop or similar use
wttich involves any one or more of the following; 1) preparation of brewed
coffee, tea, and/or espresso dnnks at the Property, 2) use of a microwave
oven at the Propefty, and 3) the sale of any one or more of the following;
a) whole ground coffee beans, b) coffee by the cup, c)
espresso/coffeefrea-based drinks, d) teas and spices, e)
e sp re sso/coff e efte a- re I ate d eq u i p me nt, su p p I i e s a nd acce sso ri e s, f
seasonal, promotional and branded merchandise, g) assorted food items
including, but not limibd to, baked foods, desserfg frozen desserts,
salads, sandwiches, juices, candies and novelties, h) books, magazines
and newspapers, and i) other non-food related items reasonably
assocrated with the operation of a coffee shop.'
Additionally, this same language shall be included in all future lease or rental
Odinance No. 15, Series 2004 z
3.
4.
agreements made by and between Johannes Faessler, or his authorized agent, and
any future tenant of the space. Failure to comply with this condition shall cause this
approval to become null and void.
NOTE: All other conditions of approval shall remain unchanged.
Section 2. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safeg and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
Ordinance No- 15, Seri€s 20(X
not be construed to revise any bylaw, order, resolution or ordinance, or part thereol theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 6h day of July, 2004 and a public
hearing for second reading of this Ordinance set for the 20h day of July, 2004, in the Council
Chambers of the Vail Municipal BuiHing, Vail, Colorado
Rodney E. Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20rh day of
July,2004.
Rodney E. Slifer, Mayor
Attest:
Ordinane No. 15, Series 2004 4
Lorelei Donaldson, Town Clerk
Odinance No. 15. S€ries 2004
ORDINANCE NO.15
Series of 2004
AN ORDINANCE Ai'ENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A
GONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS
WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD N0. 35 Austria Haus), AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to
existing special development distrists; and
WHEREAS, Johannes Faessler, as owner of the property, has submitted an application
for a major amendment to Special Development District No. 35; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this major amendment at its June 28,2004, meeting, and has
submitted its recommendation of approval to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the Approved Development Plan for Special Development District No. 35.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows:
(deletions are shown in €tr.ike+hf€ugh/addiiions are shown in bold)
sEcTtoN 5
J. Uses - The underlying zoning for Special Development District No. 35 shall be
Public Accommodation. The permitted, conditional and accessory uses shall be those listed in
Chapter18.22oftheMunicipa|CodeoftheTownofVai|.wi
SECTION 6
The developer, agrees with the following conditions, which are a part of the Town's approval
Ordinanc€ No. '15, S€rios 2004
of the establishment of Special Development District No. 35:
Said deed restrietien er eevenant 6hall be rec€rded with the Eagle €eunty Clerk and
Reeerdeds effiee prier te the applieant submitting fer a building permit,
That no rooftop or other exterior ventilation or exhausting equipment (hoods)
be installed on the building for the expressed purpose of ventilating the
kitchen or restaurant area of the easternmost retail tenant space (Sla*ffie).
(qu;s P\
That any future proposal to expand the area ofthe restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
That all loading and delivery activity for the Austria Haus be conducted on the
Austria Haus property in the loading dock area provided on tn6r vt6;of the
property. Loading and delivery for the Austria Haus shall hetSed-nducted
from the designated loading and delivery spaces in ftont of the Mountain Haus.
The applicant, Johannes Faessler, or his authorized agent shall cause the
Town's conditions of approval and the following wriften agreement to be
recorded with the Eagle Gounty Clerk & Recorder's office within 30 days of
approval on second reading.
"The Austria Haus ( herein 'Propefi') may not be used tor the
operation of a r*taurant. The term "restaurant" as used herein
means an eating establishment which is full seruice, offering one or
more of a complete breaMast menu, lunch menu or dinner menu and
which prepares the food oftered at the Propedy in an on-site kitchen.
The term "restaurant" as used herein does not include a cottee
shop, sandvvich shop or similar use which invofu* any one or more
of the following; 1) preparation of brewed coffee, tea, andlor
espresso drtnks atthe Property,2) use of a microwave oven atthe
1.
2.
3.
4.
Propefi, and 3) the sale of any one or more of the following; a)
Ordinance No. 15, Seri€s 20Ot 2
whole ground coffee beans, b) coffee by the cup, c)
espresso/coffee/tea-based drinks, d) teas and spices, e)
espresso/coffee/tea-related equipment, suppli* and accessories, 0
seasonal, promotional and branded merchandise, g) assorted food
items including, but not limited to, baked foods, desserfs, frozen
desserts, salads, sandwiches, juices, candies and novelties, h)
boolrs, magazines and newspapers, and i) other non-food related
items reasonably associated with the operation of a coffee shop."
Additionally, this same language shall be included in all future lease or rental
agreements made by and between Johannes Faessler, or his authorized agent,
and any futurc tenant of the space. Failure to comply with this condition shall
cause this approval to become null and void.
NOTE: All other conditions of approval shall remain unchanged.
Section 2. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occuned prior to the effective date hereof, any prosecution commenced, nor any other action or
Ordinance No. 15. Series 2004
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 6rh day of July, 2OO4 and a public
hearing for second reading of this Ordinance set for the 20h day of July, 2004, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
Attest:
Lorelei Donaldson. Town Clerk
4Ordinanc€ No. 15, Series 2004
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20n day of
July,20(X.
Rodney E. Slift'r, Mayor
Atbst:
Lorelei Donaldson, Town Clerk
5OdinancE No. 15, S€tu! 2fiX
TO:
FROM:
DATE:
SUBJECT;
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
June 28, 2004
A recommendation to the Vail Town Council of a major amendment to a
Special Development District (SDD), pursuant to Section 12-94-10,
Amendment Procedures, Vail Town Code, to allow for an amendment to
the recorded conditions of approval prohibiting the operation of
restaurants within Special Development District No. 35, Austria Haus,
located at242Easl Meadow Drive/Part of Tract B, Block 58, Vail Village
Filing 1, and setting forth details in regard thereto.
Applicant:
Planner:
Johannes Faessler
George Ruther
ll.
DESCRIPTION OF THE REQUEST
The applicant, Johnannes Faessler, is requesting a final review of a major amendment to
Special Development District #35, Austria Haus. The purpose of the proposed
amendment is to remove an existing condition of approval which prohibits the operation
ol "restaurants or similar food service operations" within the special development district.
The request to remove the condition of approval is intended to facilitate the use of the
easternmost tenant space (Platz'l Bar) on the ground floor of the Austria Haus for a
Starbuck's coffeehouse.
BACKGROUND
In 1 997, the Vail Town Council approved Ordinance No. 12, Series of 1 997, establishing
Special Development District #35, Austria Haus. In adopting this ordinance, the Town
Council, upon input from the Village Center residential condominium owners expressing
concems about noise, odors, and frequency of loadingidelivery to the Austria Haus,
placed a limit on the uses allowed in the District and placed a condition restricting the
cunenl and future owne/s ability to locate a restaurant or similar food service operation
on the Austria Haus property.
ln 2002, the Vail Town Council approved Ordinance No. 5, Series of 2002, removing a
condition of approval that prohibits the operation of restaurants with the Special
Development District (SDD #35 Austria Haus). In removing the condition, however, the
Council, among other things, placed the following obligations on the applicant,
'The applicant, Johannes Faessler, or his authorized agent shall cause this
agreement which outlines the Town's conditions of approval to be recorded
with the Eagle Gounty Glerk & Recorder's office within 30 days of approval on
second reading. Additionally, this same language shall be included in all
future lease or rental agreements made by and between Johannes Faessler, or
his authorized agent, and any future tenant of the space. Failure to comply
with this condition shall cause this approval to become "null and void."
The applicant failed to successfully comply with this condition, and as such, all approvals
granted in 2002, pursuant to Ordinance No. 5, have since become null and void.
A copy of Ordinance No. 5, Series o12002, has been attached for reference (attachmentA)
III. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW
PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of
a Special Development District is,
"To encourage flexibility and creativity in the development of land, in order to
promote its most appropiate use; to improve the design character and quality of the
new development within the Town; to facilitate the adequate and economical
provision ofsfreets andutilities;topreseruethenatural andscenicfeaturesof open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan for a Special Development
District, in conjunction with the properties undeflying zone district, shallestablish the
requirements for guiding development and uses of property included in the Special
Development District."
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District. The development plan shall contain all
relevant material and information necessary to establish the parameters with which the
Special Development District shall adhere. The development plan may consist of, but not
be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity
plan; parking plan; preliminary open space/landscape plan; densities; and permitted,
conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
The Town Code provides nine design criteria, which shall be used as the principal criteria in
evaluating the merits of the proposed major amendment to a Special Development District.
It shall be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consistent with the
tv.
public interest has been achieved.
CRITERIA FOR REVIEW
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale,
bulk, building height, buffer zones, identity, character, visual integrity and
orientation.
With the exception of a new sign and a new coat of paint, the applicant is not
proposing any changes to the exterior of the tenant space. Therefore, staff does not
believe that this criteria is relevant to this application.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Special Development Districl #35 was approved by the Town of Vail in 1997, pursuant
to Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the
Town of Vail, the underlying zoning of the Austria Haus development site is Public
Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose
of the Public Accommodation Zone District is:
to provide sites for lodges and residential accommodations for visitors,
together with such public and semipublic facilities and limited professional
offices, medical facilities, pivate recreation, commercial/retail and related
visitor-oiented uses as may appropiately be located within the same distict
and compatible with adjacent land uses. Ihe Public Accommodation District is
intended to ensure adequate light, air, open space, and other amenities
commensurate with lodge uses, and fo maintain the desirable resort qualities
of the District by establishing appropriate site development standards.
Additional nonresidential uses are permifted as conditional uses which
enhance the nature of Vail as a vacation community, and where permifted uses
are intended to function compatibly with the high density lodging character of
the Distict.
Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states,
The following uses sha// be permifted in the PA Distict:
Lodges, including accesso,ly eating, drinking, or retail establishmenb
located within the principal use and not occupying more than ten percent (10%)
of the total gross resrdenfial floor area of the main structure or structures on the
site; additional accessory dining areas may be located on an outdoor deck,
porch, orterrace.
In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997,
establishing the Austria Haus Special Development District. During the public hearing
review process the owners at the Village Center Condominiums expressed a concem
regarding the correlation between the number of loading and delivery vehicle trips and
restaurant facilities. Specifically, the neighbors were concerned with the negalive
impacts (noise, odor, aesthetics, etc.) associated with loading and delivery operations
outside their windows and believed that one way of mitigating those impacts was to
minimize the number of vehicles trips by reducing trip generating uses (i.e.
restaurants). In responding to the concern, the applicant agreed to place a deed-
restriction or covenant restricting the cunent and future owneis ability to locate a
restaurant or similar food service operation on the Austria Haus property. A deed-
restriction has been recorded with the Eagle County Clerk & Recorde/s Office.
The Austria Haus has been in operation since November of 1998. In that time the
building has operated in accordance with the terms of the Town's approval. Staff
contacted Johannes Faessler to acquire information on the loading and delivery trends
of the building. According to Mr. Faessler, trash removal is provided 3 times per week
during the busy seasons and 1 time per week during the off-season. Additionally, Mr.
Faessler indicated that there have been no noticeable increases in delivery vehicle
trips to the Austria Haus as a result of the restaurant operation.
For the purpose of this amendment, staff recommends that the following agreement
be made part of the approval and that said agreement be recorded by the applicant
and/or his agent with the Eagle County Clerk and Recorde/s Office:
'The Austria Haus ( herein'Prcpeftf) may not be used for the operation of a
restaurant. The term'restaurant'as used hercin means an eating establishment
u'rhich is full service, offeing one or more of a complete breakfast menu, lunch menu
or dinner menu and which prepares the food otrered at the Property in an on'site
kitchen. The term "restaurant as used herein does not include a coffee shop,
sandwich shop or similar use which involves any one or more of the following; 1)
preparation of brewed coffee, tea, and/or espresso drinks at the Property, 2) use of a
microwave oven at the Propefty, and 3) the sale of any one or more of the following; a)
whole ground coffee beans, b) coffee by the cup, c) espresso/coffeeftea-based dinks,
d) teas and spices, e) espresso/coffeeftea-related equipment, supplies and
accesson'eg f seasonal, promotional and branded merchandise, g) assorted food
items including, but not limited to, baked foods, desserfg frozen dessefts, sa/ads,
sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and. i) other non-food related items reasonably associated with the operation of a coffee
shop.'
C. Compliance with parking and loading requirements as outlined in Ghapter 12-10
of the Vail Town Code.
The Austria Haus development complies with the parking and loading requirements
established for the site. The proposed major amendment has no impact on the
parking requirement for the property as the parking generation rates outlined in
Section 12-10 of the Vail Town Code include restaurant uses under the designation of
eating & drinking establishments.
The loading and delivery requirements of the Austria Haus have also been met. Like
the parking generation rates, the loading and delivery rate requirements for a 'lodge"
includes allthe uses within the buiHing. Therefore, the loading and delivery
requirement has already been satisfied per the land use regulations.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies
are relevant to the review of this proposal:
1. General Grovvth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional grovth in existing
developed areas (infill).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff believes the uses and activities proposed are in compliance with the policies,
goals, and objectives identified in the Vail Land Use Plan.
E. ldentification and mitigation of natural and/or geologic hazards that affect the
propefi on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus
developmenl site is not located in any geologically sensitive areas or within the 100-
year floodplain.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposal does not call for any modifications that would impact natural features or
vegetation. Staff believes that the overall aesthetic quality of the community would be
enhanced by the proposed exterior changes.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
With the exception of a new sign and a new coat of paint, the applicant is not
proposing any changes to the exterior of the tenant space. Therefore, staff does not
believe that this criteria is relevant to this application.
H. Functional and aesthetic tandscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
With the exception of a new sign and a new coat of paint, the applicant is not
proposing any changes to the exterior of the tenant space. Therefore, staff does not
believe that this criteria is relevant to this application.
l. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
With the exception of a new sign and a new coat of paint, the applicant is not
proposing any changes to the exterior of the tenant space. Therefore, staff does not
believe that this criteria is relevant to this application.
V. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & Environmental
Commission fonryards a r€commendation of approval to the Vail Town Council of the
proposed major amendment to Special Development District #35, Austria Haus. The Staffs
recommendation of approval is based upon the review of the criteria outlined in Section lV
of this memorandum and the evidence presented on this application. Should the Planning &
Environmental Commission choose to recommend approval of the proposed major
amendment staff recommends that the following finding be incorporated into a motion:
"That the proposed major amendment to Special Development District #35, Austia
Haus, amending the conditions of approval by removing the condition prohibiting the
operation of a restaurant within the special development district, complies with the nine
design citeia outlined in Section 12-9A-8 of the Town of Vail Municipal Code.
Fufthermore, the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented during the public heaing, that any
adverse effects of the requested deviations from the development standards of the
undedying zoning are outweighed by the public benefits provided. Lastly, the
Commission finds that the requestis consisfenf with the development goals and
objectives of the Town."
Should ihe Planning & Environmental Commission choose to recommend approval of the
requested major amendment, staff would recommend that the approval carry with it the
following conditions:
1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be
installed on the building for the expressed purpose of ventilating the kitchen or
restaurant area of the tenant space (Starbucks).
3.
4.
That any future proposal to expand the area of the restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review process.
That all loading and delivery activity for the Austria Haus be conducted on the Austria
Haus property in the loading dock area provided on the east side of the property.
Loading and delivery for the Austria Haus shall not be conducted from the designated
loading and delivery spaces in ftont of the Mountain Haus.
The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement
which outlines the Town's conditions of approval to be recorded with the Eagle County
Clerk & Recorder's office within 30 days of approval on second redding. Additionally,
this same language shall be included in all future lease or rental agreements made by
and between Johannes Faessler, orhis authorized agent, and anyfuturetenantofthe
space. Failure to comply with this condition shall cause this approval to become null
and void.
ATTACHMENTS
Attachment A - A copy of Ordinance No. 5, Series of 2002
ORDINANCE NO.5
Series o12002
AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A
CONDITION OF APPROVAL THAT PROHTBITS THE OPERATION OF RESTAURANTS WITH]N
THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing
special development districts; and
WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a
major amendment to Special Development District No. 35; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this major amendment at its March 25,2002, meeting, and has
submitted its recommendation to the Town Council: and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the officialTown of VailOfficialZoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows:
(deletions are shown in stdke-thresgh/additions are shown in bold)
SECTION 5
J. Uses - The underlying zoning for Special Development District No. 35 shall be
Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter
18.22 of the Municipal Code of the Town of Vail . with-the{'xeeptien ef resta
sepli€e!€Eeratiens, whi€h s
SECTION 6
The developer, agrees with the following conditions, which are a part of the Town's approval of
the establishment of Special Development District No. 35:
1.
2.
3.
a restaurant er similar feed serviee eperatien en the Austria Haus preperty' SaiC deed
Offiee prier te the applieant ssbmitting fer a building permit,
That no rooftop or other exterior ventilation or exhausting equipment (hoods) be
installed on the building for the expressed purpose of ventilating the kitchen or
restaurant area of the Platz'1.
That any future proposal to expand the area ofthe restaurant be reviewed and
approved by the Town of Vail purcuant to the applicable development review
process.
That the applicant and his successors fully complies with the operational
provisions and requirements as outlined and addressed in the lefter to the Pla?'l
Bar from Steven J. Galamaris, Town of Vail Environmental Health Coordinator,
dated February 5,2O02, as may be amended.
That all loading and delivery activity for the Austria Haus be conducted on the
Austria Haus property in the loading dock area provided on the east side of the
property. Loading and delivery forthe Austria Haus shall not be conducted from
the designated loading and delivery spaces in front of the Mountain Haus.
5. The applicant, Johannes Faessler, or his authorized agent shall cause this
agreement which outlines the Town's conditions of approval to be recorded with
the Eagle County Clerk & Recorde/s office within 30 days of approval on second
4.
reading. Additionally, this same language shall be included in all future lease or
rental agreements made by and between Johannes Faessler, or his authorized
agent, and any future tenant of the space. Failure to comply with this condition
shall cause this approval to become null and void.
NOTE: All other conditions of approval shall remain unchanged.
Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereol regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabiiants
thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
10
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLfSHED ONCE lN FULL ON FIRST READING this 2n day of April, 2002 and a public hearing
for second reading of this Ordinance set for the 7h day of May, 2002, in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Ludwig Kuz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7'n day of
May,2002.
Ludwig Kuz, Mayor
Aftest:
Lorelei Donaldson, Town Clerk
11
TOI4'NM
ommtssron
al
Planning and Environmental C
ACTION FORM
Deparfnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web: www.ci.vail.co.us
Project Name: MajorAmendmentto SDD #35 PEC Number: PEC020001
Project Description:
Major amendment to SDD 35
Pafticipants:
OWNER AUSTRIA HAUS DEV GROUP LLP 01/16/2002 Phone:
18 WHALESHIP PI-AZA
SAN FMNCISCO CA
94111
License:
APPUCANT AUSTRIA HAUS DEV GROUP LLP 0LlL6l2O02 Phone: 479-5470
18 WHALESHIP PI.AZA
SAN FMNCISCO CA
Johannes Faessler, Austria Haus 94U1
License:
ProjectAddrcsst 242 E MEADOW DRVAIL Location:
Legal Description: Lot: Bloclc Subdivision: VAIL VILI-AGE RUNG 1
Parcel Number: 210108225001
Comments: See Ordinance #5, Series ot 20Oz
BOARD/SIAFF ACTION
Motion By: Schofield Action: APPROVED
Second By: Doyon
Vote: 7-0 DateofAPProvalz O3ILII2OOZ
Conditions:
Cond: 8
(PI-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: George Ruther PEC Fee Paad: $O.OO
o
rOlnm
Type of Application and Fee:E Variance $250tr Sign Variance $200tr Rezoning $200tr MaFr Subdivision $1000 + $20/lottr Minor Subdivision $250tr Special Development Disbict $f509E Major Amendment b an SDD St0dtr Minor Amendment to an SDD )eSG'tr ZoningcodeAmendment $250
tr Conditional Use Permit $200tr Employee Hotlsing UniWYPe:- No Fee
tr Bed and Breakfast $200tr Major Frderior Alteratbn in Vail Village $500tr Minor Exterbr Alteration in Vail Village $200D Malrr fterbr Alteration in Uonshead $500tr Major Ederior Alteration in the PA Distict $500tr Floodplain modincauon $200E Amendment to a Devebpment Plan $250
Application for Review bY the
Planning and Environmental Commission
Departnent of Cornmunity Development
75 South frontage Road, Vail, Colorado 81557
tel: 970.48.2L39 fax: 970.479'2452
web: www.ci.vail'co.us
General Information:
This applicauon b fur any project requiring approval from the Planning and Envjronmental Commission. Please refer
to thi'submittal requirimenG fur the partiorlar approval that is requested. An application fur Planning and
Environmental Conniission review cannoi be accepted untit all required infiormation is received by the Community
Development Department. The project may also need to be reviewed S the Town Council and/or the Design
Review Board.
Description of the'Request:
to rgnove a conditlon orob
dLstrl-ct
LOcaUon Of the PrOpcal: LOt:Part BloCk S-n SubdivisiOn: u'rr lfr'lr.ge Pirst n{riag
of Tract C
Physical Address: 242 Bast l{Eados Drive
Parcel No.:2lOrO8225Q01 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning: SDD No. 35
Name(s) of Owner(s):Johannes FaessLer Austrla
Mailing Addressr
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
Phone:
PLEASE SUBMIT THIS APPLICATION, ALL STJBMTTTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FROMTAGE ROAD, VAIL, COLORADO 81657.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
March 11,2002
A request for a Major Amendment to Special Development District #35,
Austria Haus, to amend an existing condition of approval prohibitinglhe
operation of restaurants within the special development district, and
setting forth details in regard thereto, located at242 E. Meadow Drive/Part
of Tract B, Block 58, Vail Village 1"'Filing.
Applicant: Johannes FaesslerPlanner: George Ruther
DESCRIPTION OF THE REQUEST
The applicant, Johnannes Faessler, as the owner of the property and on behalf of
Sterling Bradbrook, the operator of Platz'|, is requesting a major amendment to Special
Development District #35, Austria Haus, to remove a condition of approval prohibiting the
operation of restaurants within the special development district. The request to remove
the condition of approval prohibiting the operation of restaurants is intended to facilitate
the use of Plats'l as a restaurant in addition to the existing bar use.
As the operator of the Platz'|, Mr. Bradbrook intends to offer breakfast, lunch and apres
ski menus to his customers. The expressed hours of restaurant operation are to be from
7 am until 8 pm, seven days a week. The bar remains open for operation until 2 am
each morning. The restaurant equipment that is required for the operation includes
waffle irons, pannini grills, toasters, microwaves, crock pots and coffee making
equipment. According to the Town of Vail Environmental Health Coordinator, Steve
Calamaris, the use and operation of this equipment does not require the installation of
commercial grade ventilation and exhaust hoods. Therefore, concerns of noise and
odors outside of the building will be eliminated.
The storage of all dry goods and refrigerated items is accommodated onsite, either within
the restaurant or within the storage room located in the basement of the building.
Deliveries to the bar and restaurant of supplies and goods is provided via the loading
and delivery berths required at the Austria Haus or the loading and delivery spaces in
front of the Mountain Haus. Deliveries are scheduled on a rotating basis that come every
2-4 days. The storage and removal of trash is provided through the normal operations of
the building. Trash removal for the building occurs 3 times per week during the busy
seasons and I time per week in the off-season. lt is not anticipated that the operation of
Platz'l as a restaurant will cause an increase in trash removal.
ll.
A copy of the applicant's submittal letter, menu, and health department approval letter
have been attached for reference.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning &
Environmental Commission forwards a recommendation of approval to the Vail Town
Council of the proposed major amendment to Special Development District #35, Austria
Haus. The Staff s recommendation of approval is based upon the review of the criteria
outlined in Section lll of this memorandum and the evidence presented on this
application. Should the Planning & Environmental Commission choose to recommend
approval of the proposed major amendment staff recommends that the following finding
be incorporated into a motion:
1. That the proposed major amendment to Special Development District #35, Austria
Haus, amending the conditions of approval by removing the condition prohibiting the
operation of a restaurant within the special development district, complies with the
nine design criteria outlined in Section 12-94-8 of the Town of Vail Municipal Code.
Furthermore, the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented during the public hearing, that any
adverse effects of the requested deviations from the development standards of the
underlying zoning are outweighed by the public benefits provided. Lastly, the
Commission finds that the request is consistent with the development goals and
objectives of the Town.
Should the Planning & Environmental Commission choose to recommend approval of the
requested major amendment, staff would recommend that the approval carry with it the
following conditions:
1. That no rooftop or other exterior veniilation or exhausting equipment (hoods) be
installed on the building for the expressed purpose of ventilating the kitchen or
restaurant area of the Platz'1.
That any future proposal to expand the area of the restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
That the applicant and his successors fully complies with the operational provisions
and requirements as outlined and addressed in the letter to the Platz'l Bar from
Steven J. Calamaris, Town of Vail Environmental Health Coordinator. dated
February 5,2002, as may be amended.
/1.?er-trr...a D€€D. ?erei.ao..t
THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW
PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
J"h.t
Be;hJ l.
1-O
J.
ilt.
tv.
A.
*Ru\ euDoFA,e
Development Districts in the Town of Vail. According to Section 12-gA-1, the purpose of
a Special Development District is,
"To encourage flexibility and creativity in the development of land, in orderto
promote its most appropiate use; to improve the design character and quality of the
new development within the Town; to facilitate the adequate and economical
provision of sfreets and utilities; to preserue the natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan for a Special Development
Distict, in conjunction with the properties underlying zone distict, shall establish the
requirements for guiding development and uses of property included in the Special
D ev e lo p me nt D i stri ct.'
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District. The development plan shall contain all
relevant material and information necessary to establish the parameters with which the
Special Development District shall adhere. The development plan may consist of, but not
be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity
plan; parking plan; preliminary open space/landscape plan; densities; and permitted,
conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
The Town Code provides nine design criteria, which shall be used as the principal criteria in
evaluating the merits of the proposed major amendment to a Special Development District.
It shall be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consistent with the
public interest has been achieved.
CRITERIA FOR REVIEW
Design compatibility and sensitivity to the immediate environment neighborhood and
adjacent properties relative to archatectural design, scale, bulk, building height, buffer
zones, identity, character, visual integrity and orientation.
The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff
does not believe that this criteria is relevant to this application.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Special Development District #35 was approved by the Town of Vail in 1997, pursuant to
Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the Town of Vail,
the underlying zoning of the Austria Haus development site is Public Accommodation.
Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of the Public
Accommodation Zone District is:
to provide sites for lodges and residential accommodations for visitors, together with
such public and semipublic facilities and limited professional offices, medical
facilities, pivate recreation, commercial/retail and related visitor-oriented uses as
may appropiately be located within the same district and compatible with adjacent
land uses. The Public Accommodation Distict is intended to ensure adequate light,
air, open space, and other amenities commensurate with lodge uses, and fo
maintain the desirable resoft qualities of the Distict by establishing appropriate site
development standards. Additional nonresidential uses are permifted as conditional
uses which enhance the nature of Vail as a vacation community, and where
permifted uses are intended to function compatibly with the high density lodging
character of the Distict.
Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states,
The following uses sha// be permifted in the PA Distict:
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the total
gross resldential floor area of the main structure or structures on the site; additional
accessory dining areas may be located on an outdoor deck, porch, or terrace.
In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the
Austria Haus Special Development District. During the public hearing review process the
owners at the Village Center Condominiums expressed a concern regarding the correlation
between the number of loading and delivery vehicle trips and restaurant facilities.
Specifically, the neighbors were concerned with the negative impacts (noise, odor,
aesthetics, etc.) associated with loading and delivery operations outside their windows and
believed that one way of mitigating those impacts was to minimize the number of vehicles
trips by reducing trip generating uses (i.e. restaurants). In responding to the concern, the
applicant agreed to place a deed-restriction or covenant restricting the current and future
owne/s ability to locate a restaurant or similar food service operation on the Austria Haus
property. A deed-restriction has been recorded with the Eagle County Clerk & Recorde/s
Office.
The Austria Haus has been in operation since November of 1998. In that time the building
has operated in accordance with the terms of the Town's approval. Staff contacted
Johannes Faessler to acquire information on the loading and delivery trends of the building.
According to Mr. Faessler, trash removal is provided 3 times per week during the busy
seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated
that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as
a result of the restaurant operation.
C. Compliance with pa*ing and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
The Austria Haus development complies with the parking and loading requirements
established for the site. The proposed major amendment has no impact on the parking
requirement for the property as the parking generation rates outlined in Section 12-1 0 of the
Vail Town Code include restaurant uses under the designation of eating & drinking
establishments.
The loading and delivery requirements of the Austria Haus have also been met. Like the
parking generation rates, the loading and delivery rate requirements for a "lodge" includes
all the uses within the building. Therefore, the loading and delivery requirement has already
been satisfied per the land use regulations.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development district.
Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to
the review of this proposal:
1. GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
Staff believes the uses and activities proposed are in compliance with the policies, goals,
and objectives identified in the Vail Land Use Plan.
E. ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus development
site is not located in any geologically sensitive areas or within the 1O0-year floodplain.
. F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff
does not believe that this criteria is relevant to this application.
G. A circulation system designed for both vehicles and pedestrians addressing on and
off-s ite traffic circu lation.
The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff
does not believe that this criteria is relevant to this application.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, statf
does not believe that this criteria is relevant to this application.
l. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development district.
The applicant is not proposing any changes to the exterior of the PlaE'|. Therefore, staff
does not believe that this criteria is relevant to this application.
To Whom It May Concern:
The Platz'l currently is offering a breakfast. lunch, and aprds' menu to our
customers. Although our menu is limited, rne believe that we have found a nitch on
Bridge Street that no one is currently filling. It is a concept that we have been
researching for over a year, and executed it only two months ago. In this time a local
clientele has been built, and our customs seem to be ver,v pleased u'ith the product that
u'e are offering to them. It is our goal to work with you, the Vail town council, and
continue operating with the same menu, and in doing so, meeting the standards that you
uphold.
Store Hours: 7 arn-2am
Kitchen Hours: 7am-8pm
Equipment:
2 Commercial Waffle Irons
I Commercial Pannini Grill
I Double Toaster
2 Commercial Microwaves
2 Crock Pots
1 Commercial Coffee Grinder
2 Commercial Coffee Makers
Storage:
Ali of our products are either dry goods or refrigerated items. We keep all
refrigerated products stored in a double sized refrigerator and kept ar 37 .9 degrees. All
ofour dry goods are kept either on shelves in our kitchen, or in our storage room in the
basement. No food item is ever stored on the floor and is away from any area w'here
spilis or drips may occur. Due to the limited space, we can only purchase in small
amounts, therefore rotating our stock every 2-4 days. Although this makes for continual
ordering from our distributors, it is a benefit to our customers as they are served only the
freshest products.
Layout:
We have one sink in the kitchen that is to be used as a hand sink only. We wash
all dishes at the 3 dish sink that is located behind the bar. Our egg plates and waffles are
served on plates. Our granola" chili, and arlichoke dip are served in bor.vls. All other
items are presented in baskets with deli wrap inserts. We have three commercial metal
tables that all of our food is prepared upon. Our pannini griil and waffle irons are
encased with a metai that greatly limits the amount of heat that is emitted, and the metal
tables eliminate any danger of fire. Both the waffle iron and the grill rarely have any
scent that enters into the restaurant area, and the microla'aves never give off any scent.
Distributors:
Alliant: Provides us with all of our products aside from the following:
Alpenrose: Bread
Artisan: Psalteries and Baeels
Big Train Chai: Chai
Carbon's Malted Waffle: Waffle Mix
Grammy's Jam; Jam
Maple Groves of Vermont: Maple Symp
McCullagh Juiceables Supplies: Smoothie Mix
The Republic of Tea: Tea
Vail Mountain Coffee Roasters: Coffee
Preoaration:
Bagel: Cut in half, toasted
Cream cheese, jam or butter all are kept in refrigerator 24hrs
Breakfast Sandwich: 2 Eggs, splash of milk cooked for 2 minutes in the
microwave, choice of meat and cheese (all stored in trays on ice and kept cold)
Cooked egg goes on bagel with meat and cheese and microwaved for additional
minute.
Granola and Yogurt: Granola and Yogurt from refrigerator placed on top
Assorted Oatmeal: % cup milk, % cup water microwaved
Waffle: Mix with chosen fruit and placed in iron for 3 minutes. (All mix is
prepared in the moming and kept in refrigerator or on ice, all fruit kept in
refrigerator or kept on ice)
Pastries and Bagels: All kept on counter behind pastry case
Grandma's Spicy Chili: kept warm in crock pot (if not finished in the evening,
what is left is thrown away or placed in refrigerator where depth of chili in only
an inch to assure all chili is cooled throughout)
Spinach and Artichoke dip: Kept in refrigerator and lcup portion is heated in the
microwave and served with chips
Sandwiched: All served on Alpenrose bread, cheese melted on bread in
microwave, items put on it, placed on grill and served with chips
Smoothies: Dr. Smoothie mix, water and ice and blended in the front of the house
Coffee: All brewed in commercial pots
Specialty Coffee: All prepared with a commercial espresso machine
Goal:
The Platz'l is very proud of all of the items that we are serving, and enjoy very
much offering this service to the Valley. We are offering a service that the town of Vail
needs. We are one of only a few places in Vail that offer breakfast not only in a
convenient location, but at an affordable price. Our location at the bottom ofBridge
Street makes it easy for all those coming from the transportation center as well as from
the in town busses. We aspire to start everyone's moming off positively and with a little
extra boost of energy. With our prices positioned as they are, everyone can afford to
enjoy the experience. The Platz'1, with it's European mystique and intricate architecture
makes it more than just your average breakfast ambiance. One that we believe reflects
positively not just upon us, but on Vail as a whole. It is our focus to assure that our
customers have quality food and have a great time while they are here. We are willing to
work with you in any way need be to keep our current operation in business, and we
recognize that May 1st, we will be restructuring our kitchen to best foilow the codes that
the health department demands. We look forward to meeting with you ail soon and
discussing the situation at hand.
Sincerely,
The Platz'l
o
r0W OF VAIL
75 South Frontage Rd.
Vail, Colorado 81657
97 0-47 9 -2138 I 47 9 -2t39
F4X970479-2452
Department of Community Development
February 5,2002
Platzl Bar
242E.MeadowDr.
vail, CO 81658
RE: Menu change at Platzl Bar located at 242E. Meadow Dr., Vail, CO 81658
Dear Kelly:
Thanks for meeting with me earlier this week to discuss the change in your menu items.
The changes are hereby approved with the following conditions:
The existing 3-compartment ia the bar area must be used to wash all cooking utensils,
kitchenware, and tableware etc.
All food contact equipment and utensils must fit into the 3-compartment, except those
specifically designed for in-place cleaning.
All floors, walls and ceilings must be finished with approved materials to be smooth,
non-absorbent and easily cleanable. Damaged existing surfaces, including cove base,
must be refinished with approved materials.
The cooking area hand sink must be used for handwashing only.
AII hand sinks must be equipped witl approved soap and towel dispensers
An appropriate area away from food and equipment storage must be designated for
storage of employee personal belongings.
All equipment must be commercially approved.
Ali meats (turkey, ham, and bacon) must be received pre-cooked and pre-sliced from
an approved source or cooked in the microwave.
All pastries and baked items must be received from an approved source. No baking
shall be done at Platzl Bar.
Chili will be received pre-cooked in a pre-packaged container and reheated in the
microwave and held at 140eF and above in the crock-pot.
All menu items as stated in the Platzl Bar proposal shall be pre-packaged and pre-
cooked items from an approved source.
a
a
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o All electrical wiring must be redirected away from heat sources and in a manner that
will not create cleaning issues.r Kitchen layout will be re-evaluated and equipment will be relocated, if needed, to
mslqs slsnning easier and to prevent fire hazards.r No additional equipment will be added to the existing facility.
The Town of Vail Environmental Health Department, Building Deparnnent and Planning
Deparbnent must review any additional or future changes in the establishment or menu
items.
Please contact me at 479-2333 with any questions.
Sincerely,
Q, N C r-<3G6s\ \---,,.'^\-*,, .,.''. .--
Steven J. Calanfuis
Environmental Health Coordinator
Town of Vail Building Department
Town of Vail Planning Department
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E.LandscaRinOJll landscaping shall be in accofe with the Approved
Development Plans.
I F. Height - The maximum height of the Austria Haus building shall be as indicated
on the Approved Development Plans.
G. Parking and Loading - Section 18.52 of the Town of Vail Municipal Code
prescribes the parking requirements for development. A minimum of sixty{hree (63)
underground, on-site vehicle parking spaces shall be provided, in accordance with the
Approved Development Plans. The required number of loading and delivery berths shall be a
total of 1 berth, in accordance with the Approved Development Plans.
H. Commercial Area - The maximum commercial area for Special Development
District No. 35 shall not exceed 5,402 square feet, or 15o/o of the allowable GRFA, and shall be
as indicated on the Approved Development Plans.
l. Common Area - The maximum allowable common area for Special Development
District No. 35 shall not exceed 12,714 square feet, or 3670 of the allowable GRFA, and shall
be as indicated on the Approved Development Plans.
J. Uses - The underlying zoning for Special Development District No. 35 shall be
Public Accommodation. The permitied, conditional and accessory uses shall be those listed
inChapter lS.22oftheMunicipal Codeof theTownof Vail withtheexceptionof restaurants
or similar food service operations, which shall not be allowed.
SECTION 6
The developer, agrees with the following conditions, which are a part of the Town's
approval of the establishment of Special Development District No. 35: l
1. That the applicant prepare a deed restriction or covenant, subject to the Town
Attorney's review and approval, restricting the cunent and futur:e owner's ability
to locate a restaurant or similar food service operation on the Austria Haus
property. Said deed restriction or covenant shall be recorded with the Eagle
County Clerk and Recordeds Office prior to the applicant submitting for a
building permit.
Otdinance '12
Series of 1997
l,r,r-" MAY AFFE.T "or* r*o,?,t
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on February 25,2002, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a Conditional Use Permit to allow for an Early Learning Center and a request for
development plan review to construct Employee Housing within the Housing Zone District and
setting forth details in regards thereto, located at the site known as "Mountain Bell'/an unplatted
piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1 , Middle Creek
subdivision.
Applicant: Vail Local Housing Authority, represented by Odell ArchitectsPlanner: Allison Ochs
A request for a final review of a text amendment to Title 12, Chapter 3, Administration and
Enforcement, of the Vail Town Code, to establish criteria for consideration for text
amendments to the Vail Town Code, Title 12, and setting forth details in regard thereto.
Applicant: Town of VailPlanner: George Ruther
A request for a Major Amendment to Special Development District #35, Austria Haus, to amend
an existing condition of approval prohibiting the operation of restaurants within the special
.development district, and setting forth details in regard thereto, located at 242 E. Meadow
flgu"/P"rt
of Tract B, Block 58, Vail Village l"tFiling' (
{ppiicanr: Johannes Faessier ry' ,n\OtPlanner: George Ruther ?\-'\
A request for a worksession to discuss planning issues and studies that should be
recommended to the Town Council for action.
Planner: Russ Forrest
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office, located at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to attend project orientation
and the site visits that precede the public hearing in the Town of Vail Community Development
Department. Please call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published February 8,2OO2 in the Vail Daily.
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Upon Recording Return To:
Snell & Wilmer, L.L.P.
1200 Seventeenth Steet, Suite 1900
Denver, Colorado 80202
Attention: Wade Houser, Esq.
FIRST AMENDMENT TO RESTRICTIVE
COVENANT
This First Amendment To Restrictive Covenant (this "Amendment") is made this
day of April, 2004 by the Town of Vail, Colorado and SF & Jacaranda Inc., a Colorado
corporation to amend that certain Restrictive Covenant recorded on the 24th day of September,
1997 n Book 738, Page247, at Reception No. 634199 in the real property records of Eagle
County, Colorado (the "Covenant").
RECITALS
A. All capitalized terms used in this Amendment and not defined herein have the
meaning given in the Covenant.
B. SF & Jacarandq Inc. is the current owner ofthe real property legally described in
the Covenant and on Exhibit A attached hereto and incorporaled herein by this reference (the
"Propert;r").
C. Pursuant the Paragraph 3 of the Covenant, t}re Covenant can be amended with the
written instrument of the Town of Vail, Colorado by an instrument duly recorded.
D. The Town of Vail, Colorado and SF & Jacarand4 Inc. desire to amend the
Covenant to clarifu the types ofuses that are prohibited.
NOW TIIEREFORE, in consideration of the recitals above and for other good and
valuable consideration receip of which is hereby acknowledged the Town of Vail, Colorado and
SF & Jacarandq Inc. agree to and hereby amend the Covenant as follows:
l. Section 2 ofthe Covenant is hereby deleted in its entirety and replaced with the
following:
The Property may not be used for the operation of a restaurant. The term
"restaurant" as used herein means a restaurant which is full service, offering one
or more of a complete breakfast menu" lunch menu and dinner menu and which
cooks the food offered at the Properfy in an on-site kitchen. The term "restaurant"
as used herein does not include a coffee shop, sandwich shop or similar use which
involves any one or more of the following: (i) preparation of brewed coffee, tea
and/or espresso drinks at the Property, (ii) use of a microwave or convection oven
at the Property, and (iii) the sale of any one or more of the following: (a) whole
62Ig2.t I
and ground coffee beans, O) coffee by the cup, (c) espresso/coffeeitea-based
ddnks, (d) teas and spices, (e) espresso/coffee/tea related equipment supplies and
accessories, (f) seasonal, promotional and branded merchandise, (g) assorted food
items including, but not limited to, baked goods, desserts , frozet desserts, salads,
sandwiches, juices, candies and novelties, (h) books, magazines and newspapers,
(i) music merchandise, and O other non-food items.
IN WIT|IESS WHEREOX', the Town of Vail, Colorado and SF & Jacarand4 Inc. have
duly executed this First Amendment as of the day and year hereinafter set forth-
ISIGNATURES ON FOLLOWTNG PAGESI
SF & Jacaranda, Inc., a Colorado corpordion
By:
Name:
Its:
STATE OF COITORADO )
) ss.coriNTYoF_ )
2004,by
The foregoing instrment was acknowledged before me on this
-
day of
WITNESS myhand and official seal.
ofSF & Jacarandq Inc.
NOTARY PUBLIC FOR COIORADO
My commission ocpires:
TOWN OF VAIL, COLORADO
Mayor
lsEALI
ATTEST:
Town Clerk
STATEOFCOLORADO )
) ss.
corJNTY OF )
The foregoing instrument was acknowledged before me on this
-
day of
2004,by the lvlayor of the Town of Vail, Colorado.
WTINESS my hand and official seal.
NOTARY PI.JBLIC FOR COLORADO
My commission expires:
By:
DG{IBITA
Legal Description of Property
COMMERCI.AL UNIT C I O I, ACCORDING TO TIIE CONDOMINIUM
DECLARATION FOR AUSTRIA HAUS CONDOMINII.JM RECORDED OCTOBER
23, 1998 AT RECEPTION NO. 673701 AND THE CONDOMINII.JM MAP
RECORDED OCTOBER 23, 1998 AT RECEPTION NO. 673702IN THE OFFICE OF
THE CLERKAND RECORDER OF EAGLE COUNTY. COLORADO
ORDINANCE NO.5
Series ol2002
APPROVED
AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A
CONDITION OF APPROVALTHAT PROHIBITS THE OPERATION OF RESTAURANTS
WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No.35 Austria Haus), AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the VailTown Code permits major amendments to
existing special development districts; and
WHEREAS, Johannes Faessler, as owner ol lhe property, has submitted an application
for a major amendmenl to Special Development District No. 35; and
WHEREAS, the Planning and Environmental Commission of the Town ol Vail has
recommended approval of this major amendment at its March 25,2002, meeting, and has
submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare lo amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1 . Ordinance No. 12, Series of 1997, is hereby amended as follows:
(deletions are shown in slrke{hr€ugh/additions are shown in bold)
SECTION 5
J. Uses - The underlying zoning for Special Development District No. 35 shall
be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in
Chapter18.22oftheMunicipa|CodeoftheTownofVai|.
toog serviee operat
SECTION 6
The developer, agrees with the following conditions, which are a part of the Town's approval
of the establishment of Special Development District No. 35:
1. That no rooftop or other exlerior ventilation or exhausting equipment (hoods)
be installed on the building for the expressed purpose of ventilating the
Ordinanca No. 5, Series 2002
t
kitchen or restaurant area of the Platz'|.
That any future proposal to expand the area of the restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
That the applicant and his successors lully complies with the operational
provisions and requirements as outlined and addressed in the letter to the
Platz'l Bar from Steven J. Calamaris, Town of Vail Environmental Health
Coordinator, dated February 5,2002, as may be amended.
4. That all loading and delivery aclivity for the Austria Haus be conducted on the
Austria Haus property in the loading dock area provided on the east side of the
property. Loading and delivery for the Austria Haus shall not be conducted
from the designated loading and delivery spaces in front of the Mountain Haus.
5. The applicant, Johannes Faessler, or his authorized agent, shall cause this
agreement which outlines the Town's conditions of approval to be recorded
with the Eagle County Clerk & Recorder's otfice within 30 days of approval on
second reading. Additionally, this same language shall be included in all
luture lease or rental agreements made by and between Johannes Faessler,
or his authorized agent, and any future tenant ol the space. Failure to comply
with this condition shall cause thls approval to become null and void.
NOTE: All other conditions of approval shall remain unchanged.
Section 2. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining porlions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, senlence, clause or phrase thereof,
regardless of the fact thal any one or more parts, sections, subseclions, senlences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabilants thereof.
Ordinance No. 5. Series 2002
2.
3.
Section 4. The amendment ol any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effeclive date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parls thereof,
inconsistent herewith are repealed to the extenl only of such inconsistency. This repealer shall
not be construed lo revise any bylaw, order, resolulion or ordinance, or part thereof, lheretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 2nd day of April, 2002 and a public
hearing for second reading ol this Ordinance set for the 7th day of May, 2002,in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attesl:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READTNG AND ORDERED PUBL|SHED lhis 7rh day of
May,2002.
Ludwig Kurz, Mayor
Altest:
Lorelei Donaldson, Town Clerk
Ordinanc€ No. 5, Series 2002
o
* *4T'lll^
ORDINANCE NO.5
Series ol 2002
AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A
CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS
WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to
existing special development districls: and
WHEREAS, Johannes Faessler, as owner of the property, has submitted an application
for a major amendment to Special Development District No. 35; and
WHEQFAS,.the Planning and Environmental Commission of the Town of Vail has.r-l/,
recommended approval of this major amendment at its March 25,2002, meeting,.and has
submitted its recommendation to the Town Council: and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows:
(deletions are shown in strike threugh/additions are shown in botd)
SECTION 5
J. Uses - The underlying zoning for Special Development District No. 35 shall
be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in
Chapter18.22ot|heMunicipa|CodeoftheTownofVai|.wd++{lffi
feed serviee eperatlo
sEcTloN 6
The developer, agrees with the following conditions, which are a part of the Town's approval
of the establishment of Special Development District No. 35:
1, That the applieant prepare e deed restrielien er eevenant; subjeet te the Tewn
-#-
Reeerder's Offiee Brier te the epplieant submitting fer a building permiF
1. That no rooftop or other extErior ventilation or exhausting equipment (hoods)
bE installed on the building for the expressed purPose of ventilating the
Ordinance No. 5, Series 2002 ,"J\/.. \l^f,'
e/^-'dl d\
,
2. Thatany future proposal to expand the area ofthe restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
3. That the applicant and his successors fully complies with the operational
provisions and requirements as outlined and addressed in the letter to the
Plaf'l Bar from Steven J. Calamaris, Town of Vail Environmental Health
Goordinator, dated February 5, 2002, as may be amended.
NOTE: All other conditions of approval shall remain unchanged.l+dfe
Section 2. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining pdrtions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended, The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
t..,
ir.
Ordinance No. 5. Series 2002
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 2nd day of April, 2002 and a pubtic
hearing for second reading of this Ordinance set for the 16rh day of April, 2002, inthe Council
Chambers of the Vail Municipal Building, Vail, Colorado $$
Ludwig Kuz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16b day of
April,2002.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson. Town Clerk
*1p>
?€aoac, Doc. ,^r[ C 1 8.
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Chvck-. ?ry o.t tr|'z.;ir ?atott*,
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Ordlnanco No. 5, Scries 2002